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1997 Supreme(SC) 604

D.P.WADHWA, K.RAMASWAMY
Sewa Ram – Appellant
Versus
Union Of India – Respondent


JUDGMENT :— This appeal by special leave arises from the order dated 31-7-1979 of the High Court of Allahabad made in Civil Revision No. 84 of 1978.

2. The admitted position is that one Mohd. Marghoob Siddiqui had migrated to Pakistan prior to August 14, 1947 and became a citizen of Pakistan. His mother Kabool Fatima who remained in India died on August 7, 1965. Subsequently, he came to India and appears to have obtained the Bhumidari rights of his mother and sold the property to the appellants. The respondents had initiated proceedings against the property on the ground that Mohd. Marghoob Siddiqui was an enemy and there-fore, the Enemy Property Act, 1968 (Act No. 34 of 1968) was applicable. The appellants claimed title to the property. Subsequent thereto, the appellants filed a suit for injunction to restrain the respondents from taking possession of the property. Ultimately they came to be unsuccessful in the revision before the High Court. Thus, this appeal by special leave.

3. The only question is whether the appellants have acquired any valid title to the property from Mohd. Marghoob Siddiqui, a citizen of Pakistan? On his acquiring citizenship of Pakistan, M. M. Siddiqui



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